Illinois Compiled Statutes
40 ILCS 5/3-116 (2026)
Examination and emergency service
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(40 ILCS 5/3-116)
(from Ch. 108 1/2, par. 3-116)
Sec. 3-116. Examination and emergency service. A police officer whose duty is suspended because of disability may be
summoned to appear before the board, and to submit to an examination
to determine fitness for duty. The
officer shall abide by the board's decision. If a police officer retired
for disability, except one who voluntarily retires after 20 years' service,
is found upon medical examination to have recovered from
disability, the board shall certify to the chief of police that the member
is no longer disabled and is able to resume the duties of his or her
position. In case of emergency, a disabled police officer
may be assigned to and shall perform such
duty without right to compensation as the chief of police or chief officer
of the municipality may
direct. This Section does not apply to a police officer who has attained the age of 60.
(Source: P.A. 103-33, eff. 6-9-23.)
Notes of Decisions
Cited in 7
cases (5 in the last 5 years), 2002–2024 · leading case: McCaffrey v. Vill. of Hoffman Estates, 2021 IL App (1st) 200395 (Ill. App. Ct. 2021).
McCaffrey v. Vill. of Hoffman Estates, 2021 IL App (1st) 200395 (Ill. App. Ct. 2021). “In so concluding, the trial court noted that Paul’s employment relationship with defendant terminated upon the award of his line- of-duty disability pension and that the fact that he was subject to recall for emergency duty under the Illinois Pension Code (40 ILCS 5/3-116 (West…”
Mahan v. Marion Police Pension Bd., 2023 IL App (5th) 210426 (Ill. App. Ct. 2023). “Mahan further contends that the proper standard under section 3- 116 of the Pension Code (40 ILCS 5/3-116 (West 2020)) was not considered, that the Board’s attorney acting as both attorney for the Board and the hearing officer rendered the proceedings unfair, that the Board’s…”
Mahan v. Marion Police Pension Bd., 2023 IL App (5th) 210426 (Ill. App. Ct. 2023). “Mahan further contends that the proper standard under section 3- 116 of the Pension Code (40 ILCS 5/3-116 (West 2020)) was not considered, that the Board’s attorney acting as both attorney for the Board and the hearing officer rendered the proceedings unfair, that the Board’s…”
McCaffrey v. Vill. of Hoffman Estates, 2021 IL App (1st) 200395 (Ill. App. Ct. 2021). “In support, plaintiffs rely on section 3- 116 of the Pension Code (40 ILCS 5/3-116 (West 2018)), which provides as follows: “A police officer whose duty is suspended because of disability may be summoned to appear before the [Pension Board], and to submit to an examination to…”
Marcano v. Ret. Bd. of Trs. of the City of Harvey Police Pension Bd., 2024 IL App (1st) 230579-U (Ill. App. Ct. 2024). “” 40 ILCS 5/3-116 (West 2016). The court read this in conjunction with other statutory language and concluded that a police officer’s recovery from disability must be shown by medical examination.”
Rhoads v. Bd. of Trs. of the City of Calumet City Policemen's Pension Fund (Ill. App. Ct. 2004). “In 2001, the Board held administrative hearings under section 3-116 of the Code (40 ILCS 5/3-116 (West 2000)) to determine whether Rhoads continued to be disabled and, thus, could continue to receive a not-on-duty disability pension; or whether Rhoads had recovered sufficiently…”
Martino v. Police Pension Bd. of The City of Des Plaines (Ill. App. Ct. 2002). “) 40 ILCS 5/3-116 (West 2000). Thus, just as the officer must establish his entitlement to a disability pension through "medical examination" verifying his continued disability (40 ILCS 5/3-115 (West 2000)), the officer's recovery from disability must also be shown by "medical…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
|